Item D06BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 8/20/03 DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of property lease with the Federal Aviation Administration for the Visual Approach
Slope Indicator (VASI) at the Key West International Airport.
ITEM BACKGROUND: This lease addresses space for navigational equipment, and has no monetary value. FAA is
responsible for the operation and maintenance of the equipment.
PREVIOUS RELEVANT BOCC ACTION. Approval of previous lease agreement for the period 6/2/82 through 9/30/02.
CONTRACT/AGREEMENT CHANGES: Term extended to 9/30/23.
STAFF RECOMMENDATION: Approval
TOTAL COST: None BUDGETED: N/A
COST TO AIRPORT: None SOURCE OF FUNDS: N/A
COST TO PFC: None
COST TO COUNTY: None
REVENUE PRODUCING: No AMOUNT PER MONTH/YEAR:
APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X
DIRECTOR OF AIRPORTS APPROVAL
�' i
eter J. Horton
DOCUMENTATION: Included X To Follow
DISPOSITION:
/bev
APB
Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Federal Aviation Administration Effective Date: 10/1/02
Expiration Date: 9/3$3, options to 2023
Contract Purpose/Description: Property lease for Visual Approach Slope Indicator (VAST)
Contract Manager: Bevette Moore # 5195 Airports - Stop # 5
(name) (Ext.) (Department/Courier Stop)
for BOCC meeting on: 8/20/03 Agenda Deadline: 8/5/03
CONTRACT
Total Dollar Value of Contract: No monetary value Current Year Portion: N/A
Budgeted? N/A Account Codes: N/A
Grant: N/A
County Match: N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: N/A For: .
(not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Airports Director 1 //
Risk Management 0 3
O.M.B./Purchasing
County Attorney
Comments:
AVIATION
CONTRACT REVIEW
Changes
Needed Reviewer
Yes No
Rob Wolfe
Date Out
U.S. Department
of Transportation
FEDERAL AVIATION ADMINISTRATION
LAND LEASE
Lease No.: DTFA06-02-L-08825
Facility : VASI — R/W 09/27
Location : KEY WEST, FL
LEASE
Between
MONROE COUNTY BOARD OF COMMISIONERS
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this day of , in the
year 2003, by and between the MONROE COUNTY BOARD OF COMMISIONERS whose address is:
1100 SIMONTON STREET, ROOM 205
KEY WEST, FLORIDA 33040
hereinafter referred to as the Lessor and the United States of America, hereinafter referred to as the
Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as
follows:
PREMISES
_ s
The Lessor hereby leases to the Government the following described property, hereinafter referred to
as the premises, viz:
LEGAL DESCRIPTION — VISUAL APPROACH SLOPE INDICATOR (VASI) RWY 09/27
DOWNWIND BAR
From the Point of Start I, (P.O.S.I) said point being the intersection of the threshold and centerline of Runway
27, proceed S 860 27' 19"W along said centerline a distance of 300' to a point, said point being Point of
Beginning I (P.O.B. 1) thence S3° 32' 41"E a distance of 100.0'to the downwind inboard unit; thence 3°32'
41 "E a distance of 16.0' to the downwind outboard unit.
UPWIND BAR
From the P.O.S.I, proceed S86°27' 19"W along the runway centerline a distance of 1,000' to a point, said
point being POB II; thence S30 32' 41"E a distance of 100.0' to the upwind inboard unit; thence S3032'41"E a
distance of 16.0' to the upwind outboard unit.
Federal Aviation Administration
DTFA06-02-L-08825
1 A_1r1.'QR
OBSTRUCTION CLEARANCE REQUIREMENTS
To prevent a future violation of the. PAPI siting criteria and to ensure that no obstruction penetrates
the clearance plane during the life of the facility, the Lessor shall maintain a minimum clear surface beginning
300 feet in front of the PAPI system (closer to the threshold) and proceeding outward into the approach zone
on a vertical angle of 1045'. The surface shall extend on a horizontal angle of 10°on either side of the runway
centerline and projecting outward four statute miles from the point of origin.
The Government shall have the right to install direct buried cables in a duct system to the facility,
which includes outside the lease area and under taxiways and access roads as required.
(a) Together with a right-of-way for ingress to and egress from the premises; a right-of-way for
establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication
lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the
premises; all rights -of -way to be over the said lands and adjoining lands of the Lessor, and unless 'herein
described otherwise, to be by routes reasonably determined to be the most convenient to the Government.
(b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the` -
premises, and the removal of all obstructions from the premises which may constitute a hindrance to the
establishment and maintenance of Government facilities.
(c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or
upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or
upon, or attached to the said premises shall be and remain the property of the Government, and shall be
removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or
on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures,
or signs. (10/96)
2. TERM
To have and to hold said premises with their appurtenances for the term beginning October 1, 2002,
through September 30, 2003, subject to termination and renewal rights as may be hereinafter set forth.
(10/96) —
3. CONSIDERATION
The Government shall pay the Lessor no monetary consideration in the form of rental, it being
mutually agreed that the rights extended to the Government herein are in consideration of the obligations
assumed by the Government in its establishment, operation, and maintenance of facilities upon the premises
hereby leased. (10/96)
4. RENEWAL
This lease may, at the option of the Government, be renewed from year to year upon the terms and
conditions herein specified. The Government's option shall be deemed exercised and the lease renewed
each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will
not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof
shall extend the period of occupancy of the premises beyond September 30, 2023.
5. TERMINATION
The Government may terminate this lease, in whole or in part, at any time by giving at least thirty (30)
days notice in writing to the Lessor. Said notice shall be sent by certified mail.
Federal Aviation Administration 2
DTFA06-02-L-08825
6. NON - RESTORATION
It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall
have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject
matter of this lease. It is further agreed that the Government may abandon in place any or all of the
structures and equipment installed in or located upon said property by the Government during its tenure.
Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be
conveyed by the Government to the Lessor in writing. (10/96)
7. INTERFERENCE WITH GOVERNMENT OPERATIONS
The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind
or nature on the site or adjoining land within the airport boundaries that may interfere with the proper
operation of the facilities installed by the Government under the terms of this Lease unless consent hereto
shall first be secured from the Government in writing. (10/96) ,
8. HAZARDOUS SUBSTANCE CONTAMINATION
The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the
leased premises that is found to have occurred as a direct result of the installation, operation, and/or
maintenance of the Government's facilities. The Lessor agrees to remediate or have remediated, with no
cost to the Government, any and all other hazardous substance contamination found on the leased premises.
The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or
claims by third parties that arise out of hazardous contamination found on the leased premises not directly
attributable to the installation, operation and/or maintenance of the Government's facilities. (10/96)
9. QUIET ENJOYMENT
The Lessor warrants that they have good and valid title to the premises, and rights of ingress and
egress, and warrants and covenants to defend the Government's use and enjoyment of said premises
against third party claims. (10/96)
10. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or
part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to
the extent that this contract is made with a corporation for the corporation's general benefit. (10/96)
11. COVENANT AGAINST CONTINGENT FEES
The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this
contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency.
For breach or violation of this warranty, the Government shall have the right to annul this contract without
liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full
amount of the contingent fee. (10/96)
12. ANTI -KICKBACK
The Anti -Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or
attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any
kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a
prime Contractor to the United States or in the contract price charged by a subcontractor to a prime
Contractor or higher tier subcontractor. (10/96)
Federal Aviation Administration 3
DTFA06-02-L-08825
LA-10/96
13. PROTEST AND DISPUTES
Contract Disputes (November 2002)
(a) All contract disputes arising under or related to this contract shall be resolved through the
Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution
for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and
17, which are hereby incorporated by reference. Judicial review, where available, will be in
accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A contractor may
seek review of a final FAA decision only after its administrative remedies have been exhausted.
(b) The filing of a contract dispute with the ODRA may be accomplished by mail, overnight delivery,
hand delivery, or by facsimile. A contract dispute is considered to be,filed on the date it is received
by the ODRA.
(c) Contract disputes are to be in writing and shall contain:
3 _
(1) The contractor's name, address, telephone and fax numbers and the name, address, telephone
and fax numbers of the contractor's legal representative(s) (if any) for the contract dispute;
(2) The contract number and the name of the Contracting Officer;
(3) A detailed chronological statement of the facts and of the legal grounds for the contractor's
positions regarding each element or count of the contract dispute (i.e., broken down by individual
claim item), citing to relevant contract provisions and documents and attaching copies of those
provisions and documents;
(4) All information establishing that the contract dispute was timely filed;
(5) A request for a specific remedy, and if a monetary remedy is requested, a sum certain must be
specified and pertinent cost information and documentation (e.g., invoices and cancelled checks)
attached, broken down by individual claim item and summarized; and
(6) The signature of a duly authorized representative of the initiating party.
(d) Contract disputes shall be filed at the following address:
(1) Office of Dispute Resolution for Acquisition, AGC-70,
Federal Aviation Administration,
800 Independence Ave. S.W., Room 323,
Washington, DC 20591,
Telephone: (202) 267-3290,
Facsimile: (202) 267-3720; or
(2) other address as specified in 14 CFR Part 17
Federal Aviation Administration
DTFA06-02-L-08825
LA-10/96
(e) A contract dispute against the FAA'shall be filed with the ODRA within two (2) years of the
accrual of the contract claim involved. A contract dispute by the FAA against a contractor (excluding
contract disputes alleging warranty issues, fraud or latent defects) likewise shall be filed within two
(2) years after the accrual of the contract claim. If an underlying contract entered into prior to the
effective date of this part provides for time limitations for filing of contract disputes with the ODRA
which differ from the aforesaid two (2) year period, the limitation periods in the contract shall control
over the limitation period of this section. In no event will either party be permitted to file with the
ODRA a contract dispute seeking an equitable adjustment or other damages after the contractor has
accepted final contract payment, with the exception of FAA claims related to warranty issues, gross
mistakes amounting to fraud or latent defects. FAA claims against the contractor based on warranty
issues must be filed within the time specified under applicable contract. warranty provisions: Any FAA
claims against the contractor based on gross mistakes amounting to fraud or latent defects
shall be filed with the ODRA within two (2) years of the date on which the FAA knew or should have
known of the presence of the fraud or latent defect.
(f) A party shall serve a copy of the contract dispute upon the other party, by means reasonably
calculated to be received on the same day as the filing is to be received by the ODRA.
(g) After filing the contract dispute, the contractor should seek informal resolution with the
Contracting Officer.
(h) The FAA requires continued performance with respect to contract disputes arising under this
contract, in accordance with the provisions of the contract, pending a final FAA decision.
(i) The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting
Officer receives the contract dispute, or (2) the date payment otherwise would be due, if that date is
later, until the date of payment. Simple interest on contract disputes shall be paid at the rate fixed by
the Secretary of the Treasury that is applicable on the date the Contracting Officer receives the
contract dispute and then at the rate applicable for each 6-month period as fixed by the Treasury
Secretary until payment is made.
0) Additional information and guidance about the ODRA dispute resolution process for contract
disputes can be found on the ODRA Website at http://www.faa.gov.
14. This lease supercedes lease DOTFA-82-SO-13070, effective September 30, 2002.
Federal Aviation Administration
DTFA06-02-L-08825
LMIM,
JUL-22-03 Is=34 FROM:MONROE COUNTY ATTY OFFICE ID:3052923516 PACE 1/1
15. NOTICES
All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other
address as either party may designate from time to time by notice or correspondence to the other) (10196):
TO LESSOR: MONROE COUNTY BOARD OF COMMISSIONERS
1100 SIMONTON STREET, ROOM 205
KEY WEST, FLORIDA 33040
TO GOVERNMENT: Federal Aviation Administration
Southern Region, ASO-55C
P. O. Box 20636
Atlanta, Georgia 30320
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date
above written.
MONROE COUNTY BOARD OF COMMISSIONERS 10
BY: Date:_/ /
TITLE:
UNITED STATES OF AMERICA
BY: Date:_/__,_/
Ronnie Johnson
TITLE: Senior Real Estate Contracting Officer
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